Property Rules: If you make this one mistake, you will not get even a single penny of your father’s property!

Property Rules: We see siblings who were very close to their parents during their lifetime, going to court over property after their death. To reduce such conflicts, many parents write a will before they die. However, many people have doubts about whether the will will be valid when it goes to court if it is not registered.

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We see siblings who were very close to their parents during their lifetime, going to court over property after their death. To reduce such conflicts, many parents write a will before they die. However, many people have doubts about whether the will will be valid when it goes to court if it is not registered. Let’s find out about this based on a real incident now!

In a family, a father died in 2022. He had five sons and six daughters. Before his death, the father wrote a will to pass his property to his children. But the will was not registered. Due to this, some of his siblings approached the court after his death. They argued that they also wanted an equal share in the property as per the 2005 Act. Against this backdrop, the property dispute in the family intensified.

At such a time, we need to note that how did the father get this property? The property acquired by the father himself is considered as personal property as per the Hindu Succession Act, 1956. That property does not become ancestral property. It is not even considered as joint family property. Therefore, the father has the right to allocate the property to whomever he likes through a will. If the same property comes to the father from his father and grandparents, then all the heirs have the right.

The main question that comes to many people here is.. Should a will be registered? Or not?. What legal experts say is.. According to the Indian Succession Act, there is no provision for the registration of a will. This means that even an unregistered will is legally valid. If it cannot be proven that it is fake or forcibly written, then there are more chances that it will be valid in court. That is why many parents still give their property to their heirs in the form of a will. Some even get that will registered in their name at the register office.

Here is another question that comes to some people.. According to the amendment act of 2005, daughters as well as sons have equal rights in property. However, in the case of a father writing a will on his personal property, the property goes to those mentioned by him. If the father dies without a will, all the sons and daughters get an equal share.

In some cases, a father may not mention all of his property in his will. For example, if he leaves only a house to one person and does not write a will about the land he owns, the property that is not in the will will legally go to all the children equally. Then all the sons and daughters will get a share in the property. However, the rest of the children will have no right to what is written in the will.

What we need to know here is that even an unregistered will is legal. However, legal experts suggest that to avoid disputes in the future, it is better to write the will clearly and register it if necessary. By doing this, there will be no property disputes between sons and daughters.

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